Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-09-23

more serious character than they are.
In short, after having fully examined
the record and giving the questions
arising on it my very best thought,
with an earnest and conscientious
desire to faithfully discharge my
whole duty, l am fully satisfied that
the opinion reached vindicates the
law and does complete justice be-
tween the people of the State and the
defendants, fully warranted by the
law and the evidence.
THE SENTENCE.
Judge Sheldon-In this case the
Court orders that the sentence of the
Superior Court of Cook county of the
| defendants in the indictment-Au-
gust Spies, Samuel Fielden, Michael
Schawb, r. Parsons, Adolph Fischer,
Engel, Louis Lingg-be carried into
effect by the Sheriff of Cook county
on the l1th day of November next,
on Friday, between the hours of 10
O'Clock forenoon and i O'Clock in the
afternoon on that day.
The judgement of the Court was
unanimous.
The opinion was written by Judge
Magruder, of the Chicago district,
is an able exposition of the law and
previous Interpretation thereof, by
eminent jurists in this county, as well
as the courts bearing upon the alleg-
ed and, perhaps, real errors in this
record. In his work he was ably
helped by each of the other sig dig
tinguished Judges, who made him
their spokesman, and through him
expressed their unanimous decision.
The opinion covers 225 pages of
closely written manuscript and con-
tsins about aG,O0l words. After re-
viewing at length the facts in con-
nection with the Haymarket riot, the
fatal bomb-throwing and the findings
of the lower court. the opinion says:
1t is undisputed that the bomb was
thrown and that it caused the death
OF Deagan. 1t is conceded that none
Of the convicted threw the bomb with
his own hands. Plaintiffs in errors
are charged with being accessories to
the fact. Soma of the counts charge
that the eight defendants being pres
ent aided, abetted and assisted in the
throwing of the bombs. Others,
though no not being present aiding,
abetting or assisting, they advised,
encouraged, aided and abetted such
throwing.
The Illinois statute on this subj
is as follows:
can accessory is he who stands by
and aids, ahets or assists. or who, not
being present aiding, abetting or as-
sisting, that advised, encouraged,
aided or abetted the perpetration OF
the crime. He who thus aids, abets,
assists, advises or encourage shall be
considered as principal and punished
accordingly. Every such accessory
when crime is committed within or
without this State by aid or procure
ment in this State may be indicted
and convicted at the same time as
the principal, or before or after the
| conviction, aud whether the principal
| is convicted or amenable to justice
and is punished as principal"
This statute abolishes the distinc.
ton between the accessories before
the fact and principals; by it all ac-
eessories before the fact are made
principals. As the acts of the prin-
cipal are thus made the acts Of the &C.
cessory the latter may be charged as
having done the act himself and may
be indicted and punished accordingly.
If therefore the defendants advised,
encouraged or abetted the killing OF
Degan, they are as guilty as though
they took his life with their own
hands. If any of them stood by, aid
ed, abetted or assisted in the throw
ing of the bomb, those who did so are
as guilty as though they threw it
themselves.
1t is charged that defendants form
ed common purpose and were unit
ed in a common design to aid and en-
courage the murder of the policemen
among whom the bomb was thrown.
If they combine to accomplish such
murder by concerted action, the or
dinary law of conspiracy is applicable
and the acts and declarations OF one
of them, done in furtherance Of com
mon design, are in contemplation O
law the acts and declaration of all
This prosecution, however, is not fol
conspiracy as substantive crime
Proof of conspiracy is only proper sc
far as 1t may tend to show common
design to encourage the murder
charged against the prisoners. Ii
may be introduced for the purpose o
establishing the position of the mem
bers of the combination as accessories
to the crime of murder.
The questions which thus presents
themselves are these: Did the de
PENDANTS have common purpose Oh
design to advise. encourage, aid OF
abet the murder of the police? Die
they combine together and witt
others with view to carry that pur
pose or design into effect? Did they
or either OF any of them do such acts
or make such declarations in further
once of the common purpose or de
sign as did actually have the effect O
encouraging, aiding or abetting the
crime in question? The solution o
the question involves an examination
of the evidence. The first inquiry
which naturally suggests itself is.
who made the bomb which killed
Degan?
Here the opinion goes into detail
upon various kinds of bombs showing
their construction, the fact tha
bombs were made by Lingg, the con
nection and implication of Seliger
Thielen, Hermann and other parties
in their construction, and finally
shows the positive guilt of Lingg by
comparison of make and bombs found
in his possession and pieces taker
from the bodies of Degan and othel
murdered policemen, the chemical
analysis being the same.
ANARCHIST BRAYADo.
| CHICAGO, Sept l4.-The first of
|, fetal information that reached thi:
city was telegram from the Cour